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STATE, BY AND THROUGH STATE HWY. COM'N v. MARSH

No. 13599.

575 P.2d 38 (1978)

The STATE of Montana, acting By and Through STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Hazel MARSH, Defendant and Respondent.

Supreme Court of Montana.

Decided January 20, 1978.

Attorney(s) appearing for the Case

Daniel J. Sullivan, argued, Helena, for plaintiff and appellant.

Mulroney, Delaney, Dalby & Mudd, Dexter L. Delaney argued, Missoula, for defendant and respondent.

HASWELL, Justice.

This is an appeal from a judgment rendered in a condemnation action involving the acquisition of property by the state for the purpose of interstate highway construction.

This case came before this Court previously on an appeal brought by the landowner, Hazel Marsh, from the judgment rendered in the original District Court trial, State Hwy Comm'n v. Marsh (1974), 165 Mont. 198,

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